STATES MOVE TO REVISE LAWS AMID LEGAL FIGHT OVER
SCHIAVO
by Gintautas Dumcius
Wall Street Journal (Eastern edition).
March 24, 2005. p. A4
WASHINGTON -- As the legal battle over Terri Schiavo of
Florida persists, at least six other states are moving to head off
similar conflicts.
Some, like Vermont and New Hampshire, are trying to ease
access to living wills, to prevent the type of ambiguity
surrounding what Ms. Schiavo's desires would be. Others, like
Alabama, are looking at making it harder for relatives to
discontinue life support for patients. Such a bill failed to pass
the Florida Senate yesterday.
The state political moves come as Ms. Schiavo's parents lost
another round in their legal battle to have her feeding tube
reinserted. Yesterday, the full 11th U.S. Circuit Court of
Appeals declined, in a 10-2 decision, to review the refusal of
the court's three-judge panel to take the case. Last night, Ms.
Schiavo's parents took their appeal to the U.S. Supreme Court.
House Speaker J. Dennis Hastert (R., Ill.) and four other
Republican lawmakers filed a brief at the high court, arguing
that the "plain meaning" of the special law passed Monday
required the reinsertion of Ms. Schiavo's feeding tube.
Most state legislative proposals are relatively new, and haven't
yet passed out of judiciary committees.
"I would say there has been a trend of states looking at the
issue," said Stephanie Wasserman, a policy analyst with the
National Conference of State Legislatures.
Ms. Wasserman said that though the Schiavo case has
accelerated activity in some states, many had been looking to
revise laws before the debate became front-page news to
reflect advances in pain- management technology and
machines that can keep the body alive even though the brain is
dead.
Indeed, back in 1999, then-Texas Gov. George W. Bush
signed into law an advanced directives bill that would have
allowed husband Michael Schiavo to make the decision to
remove Ms. Schiavo's feeding tube.
According to the NCSL, New Hampshire, Nevada, Hawaii,
Kentucky and South Dakota have considered laws relating to
living wills or the starvation of disabled people like Ms.
Schiavo, who suffered brain damage in a 1990 heart attack and
is said by doctors to be in a permanent vegetative state.
The Supreme Court, in a 1990 ruling that a dying patient can
refuse life-sustaining treatment under due process, allowed
states to have different standards on how much "clear and
convincing evidence" of the patient's wishes is needed.
More articles are available at the Wall Street Journal's website.
SCHIAVO
by Gintautas Dumcius
Wall Street Journal (Eastern edition).
March 24, 2005. p. A4
WASHINGTON -- As the legal battle over Terri Schiavo of
Florida persists, at least six other states are moving to head off
similar conflicts.
Some, like Vermont and New Hampshire, are trying to ease
access to living wills, to prevent the type of ambiguity
surrounding what Ms. Schiavo's desires would be. Others, like
Alabama, are looking at making it harder for relatives to
discontinue life support for patients. Such a bill failed to pass
the Florida Senate yesterday.
The state political moves come as Ms. Schiavo's parents lost
another round in their legal battle to have her feeding tube
reinserted. Yesterday, the full 11th U.S. Circuit Court of
Appeals declined, in a 10-2 decision, to review the refusal of
the court's three-judge panel to take the case. Last night, Ms.
Schiavo's parents took their appeal to the U.S. Supreme Court.
House Speaker J. Dennis Hastert (R., Ill.) and four other
Republican lawmakers filed a brief at the high court, arguing
that the "plain meaning" of the special law passed Monday
required the reinsertion of Ms. Schiavo's feeding tube.
Most state legislative proposals are relatively new, and haven't
yet passed out of judiciary committees.
"I would say there has been a trend of states looking at the
issue," said Stephanie Wasserman, a policy analyst with the
National Conference of State Legislatures.
Ms. Wasserman said that though the Schiavo case has
accelerated activity in some states, many had been looking to
revise laws before the debate became front-page news to
reflect advances in pain- management technology and
machines that can keep the body alive even though the brain is
dead.
Indeed, back in 1999, then-Texas Gov. George W. Bush
signed into law an advanced directives bill that would have
allowed husband Michael Schiavo to make the decision to
remove Ms. Schiavo's feeding tube.
According to the NCSL, New Hampshire, Nevada, Hawaii,
Kentucky and South Dakota have considered laws relating to
living wills or the starvation of disabled people like Ms.
Schiavo, who suffered brain damage in a 1990 heart attack and
is said by doctors to be in a permanent vegetative state.
The Supreme Court, in a 1990 ruling that a dying patient can
refuse life-sustaining treatment under due process, allowed
states to have different standards on how much "clear and
convincing evidence" of the patient's wishes is needed.
More articles are available at the Wall Street Journal's website.
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